The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the fact that there was no criminal intent to commit property damage to the defendant, and the vehicle was returned without any problem to the siren company, there was no result of the vehicle damage.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 2,000,000) is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by the evidence duly admitted and investigated by the court below on the assertion of mistake of facts. i.e., the defendant agreed to walk up twice the driver's seat of the instant vehicle parked without any particular reason, and D who lent the instant vehicle from an investigative agency and the court below consistently stated that the Defendant's above act in the investigative agency and the court below stated that "the vehicle has a lot of defects and defects that can be verified into the land" due to the above act, and E who was dispatched upon the above D's report at the time of this case also stated that "the vehicle was covered by a storm" as to the condition of the instant vehicle at the time of the court below, and it is confirmed that the above police officer sent to the scene at the time of the instant vehicle and did not have any defects in the vehicle, but did not return the vehicle to the company that did not have any defects in the vehicle due to any damage, such as any defect in the vehicle due to any defect in the vehicle.